Supreme Courts observes that the value of Extra-Judicial confession also depends upon the person to whom it is made

Team SoOLEGAL 18 Mar 2023 1:47pm

Supreme Courts observes that the value of Extra-Judicial confession also depends upon the person to whom it is made

A man who was convicted of double murders under Section 302 of the Indian Penal Code was recently acquitted by the Hon’ble Supreme Court, underscoring the importance of evidence and the conditions in which extrajudicial confessions might be accepted.

In the present case, the allegation against the appellant in association with others was that he had murdered 2 boys, who were allegedly reported to be missing. The extrajudicial confession served as the foundation for the appellant’s conviction.

The extrajudicial confession, though a tenuous piece of evidence can be upheld only if it is voluntary, the Court stated at the outset. An extrajudicial confession's admissibility as evidence also depends on who it is made to. The Hon’ble Apex Court also remarked, “Generally, it is a weak piece of evidence. However, a conviction can be sustained on the basis of extra-judicial confession provided that the confession is proved to be voluntary and truthful. It should be free of any inducement. The evidentiary value of such confession also depends on the person to whom it is made. Going by the natural course of human conduct, normally, a person would confide about a crime committed by him only with such a person in whom he has implicit faith”

The Top Court highlighted the various inconsistencies in the witnesses’ confessions and noted that none of the three witnesses who testified on the prosecution's behalf claimed that the appellant was a close friend or relative. In reality, they haven't even claimed to have known the appellant personally.

Tagged: Supreme Courts  
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